Rational Analysising The Penalty Value

Penalty is the penalty value of the derived problem, after many jurists' research, some of the classical theory has been widely recognized, which has been playing an important guiding role both on the development and in the use of the penalty ,and has been making an significant results in the further development of the penalty. However, as one of the cornerstones of the Criminal law, along with institutional changes in society, improvement of the legal consciousness of the mankind, the original values have an problem that runs counter to the social practice. Under the guidance of new concept and spirit of the law, what kind of value orientation penalty value should take, and what contents it should includes are the researches with high value.From the view of modern law perspective, the difficulty of the penalty value has a big connection with the popularity of the law spirit. The definition of penalty value needs a sufficient legal basis. On the analysis of the penalty mechanism and a comprehensive survey of the history of the penalty value, I make a full analysis on the dedication of the important theories in history, pointing out the shortcomings both academic and practical. Based on which, I put forward t the content and orientation of penalty value, and bring forward point of view on the protection on the value it ought to cherish. I think the function of criminal law lies in the protection both on society and on human rights. As an important component of the Criminal law, penalty naturally contains such values. Penalty refers to its intrinsic value or its essential value, not its extrinsic value or formal value. Retributionism, Utilitarianism and Eclecticism made its own contribution to the corresponding, but because of the lack of their own theory, couldn't make the perfect explanations. Penalty value includes order, justice and freedom. Penalty reflects the radical order recognized by a country's criminal and required by the society , and thus penalty value includes order . Penalty is able to guarantee a fair distribution of society fundamental value and meet the demands for justice of citizens, and thus penalty value includes it. Freedom protected by penalty is freedom of law, penalty is the prohibition of the destruction of freedom , in essence, and is the determination of freedom, and thus penalty value includes it. To protect three kinds of value, we should pay attention to the change from the level of real-ran to the level it ought to be .Finally at the conclusion I explain that various theories about penalty value indeed fight for different value orientation on justice and efficiency at the conclusion. The penalty value is pluralistic, and develops with the development of social and cultural development, so it is historical. Penalty is the retribution of crime, penalty value is social justice's amalgamation with private justice. However, with the social situation's changes, in the scope of criminal policy, efficiency of the requirement will be taken into account. Justice is always the first purchase for justice. Efficiency has different form at different stages. Inside the framework of justice efficiency should be meet.